Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS
Subchapter C - CHILD CARE INVESTIGATIONS
Division 4 - CONFIDENTIALITY
Section 707.767 - Are there any portions of the abuse, neglect, and exploitation investigation records that may not be released to anyone?
Universal Citation: 40 TX Admin Code § 707.767
Current through Reg. 50, No. 13; March 28, 2025
(a) Except as described in subsection (b) of this section, we may not release the following portions of the abuse, neglect, and exploitation investigation records to anyone:
(1) Any information that would interfere with
an ongoing law enforcement investigation or prosecution;
(2) Any information identifying the person
who made a report that resulted in an investigation;
(3) The location of a family violence
shelter;
(4) Information pertaining
to an individual who was provided family violence services;
(5) The location of a victims of trafficking
shelter center, which would include:
(A) A
general residential operation that provides trafficking victim services under
26 Texas Administrative Code (TAC) chapter 748, subchapter V (relating to
Additional Requirements For Operations that Provide Trafficking Services);
and
(B) A child-placing agency that
provides trafficking victim services under 26 TAC Chapter 749, Subchapter V
(relating to Additional Requirements For Child-Placing Agencies That Provide
Trafficking Victims Services);
(6) Information pertaining to an individual
who was provided services at a victims of trafficking shelter center, including
a general residential operation or a child-placing agency that provides
trafficking victim services;
(7)
The identity of any child or information identifying the child in an abuse,
neglect, or exploitation investigation, unless the requestor is:
(A) The child's parent or prospective
adoptive parent;
(B) A child day
care operation that was cited for a deficiency as a result of the
investigation;
(C) A residential
child care operation where the investigation occurred if the operation is cited
for a deficiency as a result of the investigation or the Department of Family
and Protective Services (DFPS) determines it is necessary for the operation to
ensure the welfare of children at the operation; or
(D) A single-source continuum contractor
(SSCC) for community-based care that subcontracts with the child care operation
where the investigation occurred;
(8) Foster home screenings, adoptive home
screenings, and post-placement adoptive reports, unless:
(A) The requester is the person being
evaluated; or
(B) The Department of
Family and Protective Services (DFPS) Commissioner approves the release of a
screening or report based on a determination that, in the Commissioner's
discretion, the release advances the goals of child protection; and
(9) Any other information made
confidential under state or federal law.
(b) Notwithstanding any other provision in this section, DFPS may provide any of the above confidential information to the following, as specified:
(1) DFPS staff,
including volunteers, as necessary to perform their assigned duties;
(2) CCL in order to carry out its regulatory
functions under Human Resources Code, Chapter 42;
(3) Law enforcement for the purpose of
investigating allegations of child abuse, neglect, or exploitation; failure to
report child abuse, neglect, or exploitation; or false or malicious reporting
of alleged child abuse, neglect or exploitation;
(4) A member of the state legislature when
necessary to carry out that member's official duties;
(5) Any other individuals ordered by an
administrative law judge or judge of a court of competent jurisdiction;
and
(6) A social study evaluator
who has requested a complete, non-redacted copy of any investigative report
regarding abuse, neglect, or exploitation that relates to any person residing
in the residence subject to the child custody evaluations, as provided by Texas
Family Code §
107.111.
(c) Notwithstanding any other provision in this subchapter, Child Care Investigations staff, in consultation with the DFPS' Office of the General Counsel, may withhold any information in its records if the release of that information would endanger the life or safety of any individual.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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